IN THE CASE OF:	  

		BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140003655 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as XXX-XX-xxxx.

2.  The applicant states he would like to have his SSN corrected.

3.  The applicant provides:

* DD Form 214
* social security card
* letter from the Social Security Administration, dated 12 September 2012

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 28 August 1974.

3.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his SSN as XXX-XX-xxxx.

4.  On 30 August 1977, the applicant was honorably released from active duty.  His DD Form 214 shows his SSN as XXX-XX-xxxx.

5.  Records show the applicant consistently used the SSN XXX-XX-xxxx throughout his service.

6.  The applicant provided a copy of his social security card that shows his SSN as XXX-XX-xxxx.  He also provided a letter from the Social Security Administration, dated 12 September 2012, that states the applicant has one SSN and it is XXX-XX-xxxx.  The other SSN on his records belonged to a deceased individual and that SSN could not be located in any of the applicant's social security information.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide an individual with documentary evidence of his or her military service.  It is important that information entered on the form is complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his SSN as shown on his social security card was carefully considered.

2.  There is no evidence the SSN shown on his social security card was ever recorded in his military records.  The SSN shown on his separation document is the same SSN shown on his enlistment document.

3.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his current SSN, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including his DD Form 214, were correct at the time of preparation.  Therefore, there is an insufficient evidentiary basis to grant him relief in this case.

5.  A copy of this decisional document will be filed in his official military records.  This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and the SSN shown on his social security card.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ______________X___________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140003655



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ABCMR Record of Proceedings (cont)                                         AR20140003655



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